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I'm Peter Roberts, immigration attorney, who does work for YC and startups. AMA

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Re: I'm Peter Roberts, immigration attorney, who does work for YC and startups. AMA

#31

Post by _alternator_ »

mc32 wrote: post #25
drcongo wrote: post #7

[flagged]

Don’t you have to be guilty of a crime to be sent down there? For the vast majority of people who violate their visas, they simply get sent to their home country. If you’re willing to remain in your home country out of fear of US policies, it’s very likely your home country would take you back and not disown you.

While it’s not typical to be sent to CECOT in El Salvador, you don’t need to be “guilty” by the government’s position. They assert the right to send people down there based on allegations that have not been tested in any court.

Re: I'm Peter Roberts, immigration attorney, who does work for YC and startups. AMA

#32

Post by nashashmi »

mc32 wrote: post #25
drcongo wrote: post #7

[flagged]

Don’t you have to be guilty of a crime to be sent down there? For the vast majority of people who violate their visas, they simply get sent to their home country. If you’re willing to remain in your home country out of fear of US policies, it’s very likely your home country would take you back and not disown you.

You can get sent there by your affiliation. You don’t have to necessarily commit a crime. And all the administration has to do is make an accident and send you to the wrong place.

The vast majority are being sent to nearby countries as well.

Re: I'm Peter Roberts, immigration attorney, who does work for YC and startups. AMA

#33

Post by noodlesUK »

Thanks for doing the AMA!

I'm a US citizen born abroad - I got my citizenship via (I believe) INA 320 when I was a child. I have a US-born father who was not eligible to pass on his citizenship at the time of my birth. I lived in the US for most of my childhood up until ~2015 (initially as an LPR), and at some point, I obtained a US passport.

I don't have a certificate of citizenship, only a US passport. Given the way the US is going, I'm concerned that one day I'm going to apply renew my passport or otherwise have to prove my citizenship, and I'm not going to be able to sufficiently document it. Is this a real risk? Would you advise applying for a CoC in my circumstances? Am I even eligible to apply for one given that I live abroad? What other steps if any should I take to protect my status?

Re: I'm Peter Roberts, immigration attorney, who does work for YC and startups. AMA

#34

Post by ty6853 »

mc32 wrote: post #25
drcongo wrote: post #7

[flagged]

Don’t you have to be guilty of a crime to be sent down there? For the vast majority of people who violate their visas, they simply get sent to their home country. If you’re willing to remain in your home country out of fear of US policies, it’s very likely your home country would take you back and not disown you.

[flagged]

Re: I'm Peter Roberts, immigration attorney, who does work for YC and startups. AMA

#35

Post by barbazoo »

mc32 wrote: post #25
drcongo wrote: post #7

[flagged]

Don’t you have to be guilty of a crime to be sent down there? For the vast majority of people who violate their visas, they simply get sent to their home country. If you’re willing to remain in your home country out of fear of US policies, it’s very likely your home country would take you back and not disown you.

Lots of people being detained for extended periods of time at the Canada/US border. I wouldn’t be so optimistic unless your situation is bullet proof.

Re: I'm Peter Roberts, immigration attorney, who does work for YC and startups. AMA

#36

Post by jsbg »

galonk wrote: post #12

Maybe a dumb question, but... I'm a Canadian who would qualify for a TN visa if I worked in the States, but don't currently have a visa or green card. On the online submission form for job openings, it always asks "Are you legally entitled to work in the US?". Am I meant to answer yes or no to that?

Not a lawyer but have been working in the US on a TN status for multiple employers and I would answer yes and discuss further with the recruiter or hiring manager.

TN status is conceivably something you could get without help from the employer (though even the smallest startup hired one to help me set up a package). What you need is basically proof that a company wants to hire you (offer letter), evidence that the company exists, and proof that you fall in one of the TN occupations.

Re: I'm Peter Roberts, immigration attorney, who does work for YC and startups. AMA

#37

Post by hoseyor »

tempfile wrote: post #8

Is asking about Recurse Center on-topic? I wanted to apply, but I genuinely don't consider it safe to travel to the US. As far as I can tell there is no comparable bootcamp-style retreat in EU :(

Why go to the USA then? The world is big. Go somewhere you don’t feel unsafe about.

Re: I'm Peter Roberts, immigration attorney, who does work for YC and startups. AMA

#39

Post by Exoristos »

ty6853 wrote: post #28

Not legal advice but I'm a US citizen and when I've refused to answer their intrusive questions the worst that has happened to me is they imprisoned me, stripped me naked and searched me, got a fraudulent warrant for an internal body search, and then sent me the bill after dumping me at the border when they found nothing. Enjoy.

Can you explain what fraud was used to obtain the warrant?

Re: I'm Peter Roberts, immigration attorney, who does work for YC and startups. AMA

#40

Post by mc32 »

ty6853 wrote: post #34
mc32 wrote: post #25

Earlier quoted context omitted.

Don’t you have to be guilty of a crime to be sent down there? For the vast majority of people who violate their visas, they simply get sent to their home country. If you’re willing to remain in your home country out of fear of US policies, it’s very likely your home country would take you back and not disown you.

[flagged]

And those guys are Salvadoran… right? Like if Mexico sends back a bunch of criminal gringos, what are we supposed to do, ask Mexico to incarcerate them for us? No we take them and put them through our system of justice and send them to the pen.
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